Mizell v. Container Corp. of America

BEATTY, Justice.

Plaintiff appeals from a summary judgment in favor of defendant Container Corporation of America (CCA) on plaintiff’s claim for statutory damages for injury to trees.

On August 24, 1979, CCA purchased a tract of land located in Barbour and Dale *399Counties, which contained approximately 400 acres. In the deed to this tract, reference was made to a 1976 survey of the property by Veston Bush. CCA began clearing the property, relying upon the boundaries as determined by the survey.

Plaintiff, owner of a 100-acre tract of land adjoining the property of CCA, filed the present lawsuit…